CGU BARRISTERS CIVIL LIABILITY PROFESSIONAL INDEMNITY INSURANCE POLICY

Contents Important Information 1

How CGU protects your privacy 1 General Insurance Code of Practice 1 Our service commitment 1 Intermediary remuneration 1 Interest on unallocated premium 1

Section 1 How To Read This Insurance Policy 2

1.1 Words with Special Meanings 2 1.2 Policy Interpretation 2 1.3 Paragraph Headings 2

Section 2 The Insurance Contract 2

2.1 Payment of the Premium 2 2.2 Proposal 2 2.3 Period of Insurance 2

Section 3 The Cover We Provide 2

3.1 Civil liability cover 2 3.2 Examples of what we cover 2 3.3 Claim investigation costs 2

Section 4 Policy Extensions 3

4.1 Disciplinary Enquiries 3 4.2 Continuous Cover 3 4.3 Cover to Estates and Legal Representatives 3 4.4 Misleading or deceptive conduct 3 4.5 Breach of warranty of authority 3 4.6 Run-off cover 3

Section 5 Limits To The Amount Of Cover 4

5.1 The Policy Limit 4 5.2 Reinstatement of the policy limit 4 5.3 Cover for Claim Investigation Costs if the

Policy Limit is exceeded 4 5.4 Limit if multiple persons &/or entities insured 4 5.5 Specific Cover Limits 4 5.6 The Excess 4 5.7 GST Input Tax Credits 4

Section 6 What is not covered 5

6.1 Known Claims and Known Circumstances 5 6.2 Foreign courts 5 6.3 Assumed duty or obligation 5 6.4 Related parties 5 6.5 Refund of Professional Fees and Trading Debts 5 6.6 Profit 5 6.7 Insolvency 5 6.8 Employers’ Liability, Directors’ & Officers’ Liability,

Occupier’s Liability, Motor, Marine 5 6.9 Punitive and Exemplary damages, fines and penalties 6 6.10 Intentional damage 6 6.11 Deregistration 6 6.12 Asbestos 6 6.13 Nuclear or Radioactivity materials 6 6.14 War & Uprisings 6 6.15 Terrorism 6

6.16 UN Sanctions 6 6.17 Fraud and Dishonesty 6

Section 7 General Terms and Conditions Investigation, Defence And Settlement Of Claims 6

7.1 We must be told about claims 6 7.2 Claims Co-operation 6 7.3 We can protect our position 7 7.4 Disclosure of information to us in respect of cover 7 7.5 We can manage the covered claim 7 7.6 An Insured must not admit liability for or

settle any covered claim 7 7.7 Insured’s right to contest 7 7.8 Senior counsel 7 7.9 Payments to settle potential Claims 7 7.10 Recovering money from employees 8 7.11 Offsetting of costs & expenses the Insured owes Us

against what We owe the Insured 8 7.12 Loss prevention 8 7.13 Other insurance which may cover the risk 8 7.14 Allocation 8 7.15 Payment in Australian dollars in Australia 8

Other Matters 8

7.16 Material change in the risk 8 7.17 Law of the policy 8 7.18 Territory Covered by this Policy 8 7.19 Schedule must be included 8

Cancelling the Policy 8

7.20 Non-disclosure and mis-representation 8 7.21 We can cancel the policy 8

Section 8 Words With Special Meaning 9

8.1 Civil Liability 9 8.2 Claim 9 8.3 Claim Investigation Costs 9 8.4 Cover 9 8.5 Covered Claim 9 8.6 Covered matters 9 8.7 Disciplinary Enquiry 9 8.8 Documents 9 8.9 Excess 9 8.10 Insured 9 8.11 Intellectual Property Right 9 8.12 Known Circumstance 9 8.13 Period of insurance 8.14 Policy 9 8.15 Policy Limit 10 8.16 Premium 10 8.17 Professional Services 10 8.18 Proposal 10 8.19 Retired Insured 10 8.20 Schedule 10 8.21 Specific Cover Limit 10 8.22 Terrorism 10 8.23 Uncovered matters 10 8.24 We or Us or Our 10

1

Important Information How CGU protects your privacy We use information provided by our customers to allow Us to offer Our products and services. This means We may need to collect your personal information, and sometimes sensitive information about you as well (for example, health information for travel insurance). We will collect this information directly from you where possible, but there may be occasions when We collect this information from someone else. We will only use your information for the purposes for which it was collected, other related purposes and as permitted or required by law. You may choose not to give Us your information, but this may affect Our ability to provide you with insurance cover. We may share this information with companies within Our group, government and law enforcement bodies if required by law and others who provide services to Us or on Our behalf, some of which may be located outside of Australia. For more details on how We collect, store, use and disclose your information, please read our Privacy Policy located at www.cgu.com.au/privacy. Alternatively, contact Us at privacy@cgu.com.au or 13 15 32 and We will send you a copy. We recommend that you obtain a copy of this policy and read it carefully. By applying for, using or renewing any of Our products or services, or providing Us with your information, you agree to this information being collected, held, used and disclosed as set out in this policy. Our Privacy Policy also contains information about how you can access and seek correction of your information, complain about a breach of the privacy law, and how We will deal with your complaint.

General Insurance Code of Practice We proudly support the General Insurance Code of Practice. The purpose of the Code is to raise standards of practice and service in the general insurance industry. The objectives of the Code are: • to commit Us to high standards of service; • to promote better, more informed relations between Us

and You; • to maintain and promote trust and confidence in the

general insurance industry; • to provide fair and effective mechanisms for the resolution

of complaints and disputes between insurers and their customers; and

• to promote continuous improvement of the general insurance industry through education and training.

We have adopted and support the Code and are committed to complying with it. Please contact Us if You would like more information about the Code

Our Service Commitment We are proud of Our service standards and supports the General Insurance Code of Practice. In an event that you are not satisfied with the way in which We have dealt with you, as part of Our commitment to customer service, We have an internal dispute resolution process in place to deal with any complaint you may have. Please contact your nearest CGU Insurance office if you have a complaint, including if you are not satisfied with any of the following: • one of Our products; • Our service; • the service of Our authorised representatives, loss

adjusters or investigators; or • Our decision on your claim. Our staff will help you in any way they can. If they are unable to satisfy your concerns, they will refer the matter to their supervisor or manager. If the manager cannot resolve the matter, the manager will escalate the matter to our Internal Dispute Resolution Department. Further information about Our complaint and dispute resolution procedures is available by contacting Us.

Intermediary Remuneration We pay remuneration to insurance intermediaries when We issue, renew or vary a policy the intermediary has arranged or referred to Us. The type and amount of remuneration varies and may include commission and other payments. If you require more information about remuneration We may pay your intermediary you should ask your intermediary.

Interest on unallocated premium If We are unable to issue your insurance when We receive your application, We are required to hold your premium in a trust account on your behalf until your insurance can be issued. We will retain any interest payable by Our bank to meet, among other things, bank fees and other bank costs We incur in operating the account.

2

Section 1 How To Read This Insurance Policy 1.1 Words with Special Meanings

Some of the words in this insurance Policy have special meanings. These meanings can be found in Section 8 of the Policy under the heading (‘Words with Special Meanings’). If a word has a special meaning, it appears in this Policy in bold type and with a capital letter. These words may appear without bold type in endorsements in the Schedule and have the same meaning as those words defined in Section 8.

1.2 Policy Interpretation

Except where the context otherwise requires it: a) the singular includes the plural and the plural includes

the singular; b) if a word or phrase is defined, its other grammatical

forms have a corresponding meaning; c) words importing a gender include every other gender.

1.3 Paragraph Headings

The paragraph headings in this Policy are included for the purpose of reference only and do not form part of this Policy for interpretation purposes.

Section 2 The Insurance Contract 2.1 Payment of the Premium

We agree to provide the Cover described in this Policy upon full payment of the Premium. If full payment of the Premium is not made, there is no Cover.

2.2 Proposal

Before this Policy came into effect, We were provided with information by or on behalf of the Insured in the Proposal and perhaps in other ways. We have relied on this information to decide whether to enter into this contract and on what terms. If any of that information is wrong or false, it may affect entitlement to Cover under this Policy.

2.3 Period of Insurance

This Policy is in force for the Period of Insurance.

Section 3 The Cover We Provide

3.1 Civil liability cover

We Cover the Insured up to the Policy Limit (subject to Section 5) in respect of Claims for Civil Liability to any third party incurred in the provision of the Professional Services and which Claims: a) are made against the Insured during the Period of

Insurance; and b) We are told about in writing as soon as reasonably

possible during the Period of Insurance. 3.2 Examples of what we cover

By way of example, the Civil Liability We Cover in Section 3.1 includes (but is not limited to) the following types of Civil Liability Claims: a) breach of duty. b) breach of privacy or confidentiality. c) defamation. d) loss of or damage to Documents which were in the

Insured’s physical custody or control or for which the Insured is legally responsible, at the time of loss or damage (to the full Policy Limit).

e) infringement of Intellectual Property. 3.3 Claim Investigation Costs

a) In respect of Covered Claims, subject to Sections

3.3 b) and 5.3, We also pay in addition to the Policy Limit (but only up to an amount equal to the Policy Limit) Claim Investigation Costs.

b) In respect of Covered Claims: i. first brought in a court outside Australia or New

Zealand; or ii. brought in a court within Australia or New

Zealand to enforce a judgment handed down in a court outside Australia or New Zealand; or

iii. where the proper law of a country other than Australia or New Zealand is applied to any of the issues in any Claim or Covered Claim Covered by this Policy,

the Policy Limit is inclusive of Claim Investigation Costs.

c) We will pay Claim Investigation Costs as and when they are incurred prior to final resolution of the Claim, however, We will only pay such costs, if either: i. We incur them; or ii. the Insured incurs them after first obtaining Our

prior written consent (which shall not be unreasonably delayed or withheld) and the costs and expenses are reasonable and necessary.

d) We are not obliged to defend, or to continue to defend, any Claim or Covered Claim or pay, or continue to pay, any costs or expenses associated with such defence, once the Policy Limit has been exhausted.

3

Section 4 Policy Extensions

4.1 Disciplinary Enquiries

For those Disciplinary Enquiries of which the Insured first becomes aware and of which We are told about in writing as soon as reasonably possible during the Period of Insurance, We Cover the Insured (subject to the Specific Cover Limit set out in the Schedule for ‘Enquiries’), for the reasonable and necessary legal costs and expenses incurred with Our prior written consent (which shall not be unreasonably delayed or withheld) for the representation of the Insured at any Disciplinary Enquiry. This Cover does not extend to paying the Insured’s regular or overtime wages, salaries or fees.

4.2 Continuous Cover

a) Notwithstanding Section 6.1 of this Policy, We

Cover the Insured, for any Claim or Disciplinary Enquiry otherwise Covered by this Policy, arising from a Known Circumstance if: i. there has been no fraudulent non-disclosure or

fraudulent misrepresentation in respect of such Known Circumstance; and

ii. We were the professional liability insurer of the Insured when the Insured first knew (or a reasonable person in the Insured's professional position would have known) of such Known Circumstance; and

iii. We continued without interruption to be the Insured’s professional liability insurer up until this Policy came into effect; and

iv. had We been notified of the Known Circumstance when the Insured first knew of it (or a reasonable person in the Insured's professional position would have known of it), the Insured would have been covered under the policy in force at that time and the Insured would (but for Section 6.1 of this Policy) otherwise be Covered under this Policy; and

v. the Known Circumstance has not previously been notified to Us or to any other insurer.

b) If the Insured was entitled to have given notice of the Known Circumstance under any other policy of insurance with any other insurer, then this Extension does not apply to provide Cover under this Policy.

c) Our liability under this Extension is reduced to the extent of any prejudice We suffer as a result of any delayed notification of the Known Circumstance to Us.

d) The Policy Limit of the Cover We provide under this Extension is the lesser available under the terms of the policy in force at the earlier time referred to in paragraph a) iv above, or under this Policy. The terms of this Policy otherwise apply.

4.3 Cover to Estates and Legal Representatives

If an Insured dies or becomes legally incompetent or insolvent, We Cover the spouse domestic partner, estate, legal representative or assigns of the Insured, to the same extent as Cover would otherwise be available to the Insured, but only in respect of their vicarious liability for the Insured’s acts, errors or omissions.

4.4 Misleading or deceptive conduct

Notwithstanding Section 6.10 of this Policy, We Cover the Insured on the basis specified in Section 3 of the Policy in respect of breaches of the misleading & deceptive conduct provisions of Part 2 Part Div 2 of the Australian Securities and Investments Commission Act 2001, the consumer protection provisions of the Competition and Consumer Act 2010 (Cwlth) and corresponding consumer protection provisions of New Zealand and Australian state and territories Fair Trading legislation and any antecedents to any of this legislation (but not for criminal liability in respect of any of these).

4.5 Breach of warranty of authority

We Cover the Insured on the basis specified in Section 3 the Policy which arises from a breach of warranty of authority committed, by or on behalf of the Insured, in good faith and in the reasonable belief of the person alleged to have committed the breach that appropriate authority was held.

4.6 Run Off Cover

If the Insured ceases, for any reason including death, to hold a practising certificate issued by an Australian or New Zealand bar association during or upon expiry of the Period of Insurance, then We agree: 1. to Cover the Retired Insured for any Claim arising

from the provision of the Professional Services and which Claim is first made and notified to Us during the period of 7 years from the expiry date of this Policy. Provided that: a) such Cover shall only apply in respect of any

act, error or omission occurring prior to the date that the Retired Insured ceased to hold a practising certificate;

b) notification of ceasing to hold a practising certificate as a barrister, has been provided to Us within 21 days after the expiry of the Period of Insurance;

c) any executor or administrator of the Retired Insured’s estate shall be subject to the terms of this Policy;

d) the Policy Limit under this Extension, is limited to $1,500,000 any one Claim and $4,500,000 in the aggregate.

e) the Policy Excess is deemed to be $1,000 inclusive of Claims Investigation Costs.

f) no Cover is provided under this Extension if the Insured returns to practising as a barrister and has an entitlement to indemnity in whole or in part under any other policy of insurance.

g) this Cover is otherwise subject to all the terms, conditions, limitations and exclusions of this Policy.

4

Section 5 Limits To The Amount Of Cover 5.1 The Policy Limit

Subject to this Section 5, the Policy Limit applies to any each and every Claim Covered by this Policy.

5.2 Reinstatement of the policy limit

The Policy Limit is the maximum amount We will Cover the Insured for in respect of any one Claim, subject to the following limitations: a) We do not provide Cover for an amount in the

aggregate more than the Specific Cover Limit for the legal costs and expenses Covered under Section 4.1.

b) We do not, in respect of any one Claim, provide Cover for an amount more than the Policy Limit;

c) the Cover under this Policy shall not exceed the Policy Limit for any one Claim or series of Claims (including Covered Claims) arising from the one and the same act, error or omission;

d) if there is extra insurance, held with another insurer in excess of the limit of this Policy, then Cover in excess of one Policy Limit is only available for so much of the liability (otherwise Covered by this Policy) which is not covered by the extra insurance;

e) where Cover is provided under this Policy for any Claim then Claim Investigation Costs are paid in respect of that Claim up to an amount equal to the Policy Limit in accordance with Section 3.3 of this Policy.

5.3 Cover for Claim Investigation Costs if the

Policy Limit is exceeded

If the amount that has to be paid to dispose of, settle or finalise a Claim exceeds the Policy Limit, then We only pay for the same proportion of the Claim Investigation Costs as the Policy Limit bears to the amount to be paid to dispose of, settle or finalise the Claim. But We never pay more than the Policy Limit.

5.4 Limit if multiple persons and/or entities are covered

The Policy Limit and Specific Cover Limits do not increase if there is more than one Insured Covered under this Policy, or if more than one Insured causes or contributes to the Claim.

5.5 Specific Cover Limits

If the Policy indicates any Specific Cover Limits for specific types of Cover under this Policy, then the applicable Specific Cover Limit and not the Policy Limit applies. Specific Cover Limits are included within and not in addition to the Policy Limit.

5.6 The Excess

a) We only Cover (up to the Policy Limit or Specific Cover Limit as applicable) for that part of the Covered Claim which is above the applicable Excess.

b) There are different Excesses that may be applicable, depending on the type of Covered Claim involved which the Insured must pay. The amount of the Excess for: i. Australia and New Zealand Jurisdictions

specified in the Schedule if the Covered Claim arises under the jurisdiction of an Australian or New Zealand Court. The Insured must also pay this Excess when We provide Cover for the Claim Investigation Costs of such Covered Claims if the Schedule states ‘Costs inclusive’. There is no Excess for Claim Investigation Costs when We Cover an Insured for such Covered Claims if the Schedule states ‘Costs exclusive’.

ii. ‘Other Jurisdictions’ specified in the Schedule if the Covered Claim arises under the jurisdiction of a Court other than an Australia or New Zealand Court. The Insured must also pay this Excess when We provide Cover for Claim Investigation Costs for the Covered Claim.

iii. ‘Disciplinary Enquiries’ specified in the Schedule when We provide Cover for legal costs and expenses associated with a Disciplinary Enquiry which We Cover under Section 4.1 of this Policy.

c) The Insured must pay only one Excess for all Covered Claims, Covered by this Policy arising from the same act, error or omission.

d) In the event of a Claim or Covered Claim arising from separate acts, errors or omissions, then only one Excess shall apply in respect of each such Claim or Covered Claim.

e) Where the Excess is indicated in the Policy as ‘Costs inclusive’, the amount of the Excess is exclusive (i.e. net) of any GST payable in respect of Claims Investigation Costs or similar investigation or defence costs.

5.7 GST Input Tax Credits

a) Where and to the extent that We are entitled to claim

an Input Tax Credit for a payment made under the Policy, then any monetary limit in the Policy on Our obligation to make a payment of this kind, shall be deemed to be net of Our entitlement to the Input Tax Credit.

b) Where and to the extent that the Insured is entitled to claim an Input Tax Credit for a payment required to be made by the Insured as an Excess, then the monetary limit of the Excess shall be deemed to be net of the entitlement of the Insured to the Input Tax Credit.

c) Where payment is made under this Policy for the acquisition of goods, services or other supply, We will reduce the amount of the payment by the amount of any Input Tax Credit that, the Insured is or will be, entitled to under A New Tax System (Goods and Services Tax) Act 1999 in relation to that acquisition, whether or not that acquisition is made.

5

d) Where payment is made under this Policy as compensation instead of payment for the acquisition of goods, services or other supply, We will reduce the amount of the payment by the amount of any input tax credit that the Insured would have been entitled to under A New Tax System (Goods and Services Tax) Act 1999 had the payment been applied to acquire such goods, services or other supply.

Section 6 What is not Covered We do not provide Cover for Claims or Covered Claims:

6.1 Known Claims and Known Circumstances

a) known at the inception date of this Policy; or b) based upon, directly or indirectly arising from or

attributable to any Known Circumstance or known Claims or Covered Claims; or

c) disclosed in the Proposal, or arising from facts or circumstances disclosed in the Proposal, which may give rise to a Claim or Covered Claim; or

d) if the Policy is endorsed or amended midterm, for any Claim or Covered Claim that arose from a Known Circumstance (as at the effective date of the amendment / endorsement) to the extent that that Claim or Covered Claim would not have been Covered by the Policy before such amendment / endorsement.

6.2 Foreign courts

subject to the ‘Jurisdictional Limits’ specified in the Schedule: a) first brought in or determined pursuant to the laws

of, the United States of America or Canada, or their territories or protectorates; or

b) arising out of the enforcement of judgments, orders or awards obtained in or determined pursuant to the laws of the United States of America or Canada, or their territories or protectorates; or

c) where the proper law of the United States of America or Canada, or their territories or protectorates is applied to any of the issues in any Claim or Covered Claim, Covered by this Policy.

6.3 Assumed duty or obligation

based upon, directly or indirectly arising from or attributable to: a) a liability under a contractual warranty, guarantee or

undertaking (unless liability would have existed regardless of the contractual warranty, guarantee or undertaking); or

b) circumstances where a right of contribution or indemnity has been given up by an Insured, but only to the extent of the prejudice suffered by Us in those circumstances; or

c) circumstances where someone has done work or provided services under an arrangement or agreement with an Insured which limits any potential right for an Insured to claim or receive compensation, contribution or indemnity from that person, but only to the extent of the prejudice suffered by Us in those circumstances: or

d) any Civil Liability which the Insured agrees to accept in connection with the provision of the Professional Services and/or anything which is the subject of cover, which is more onerous than that which the Insured would otherwise have at common law, in equity or under statute but only to the extent of the prejudice We suffer because of that agreement; or

e) any business not conducted for or on behalf of the Insured as a barrister.

6.4 Related parties

against an Insured brought by or on behalf of any: a) other Insured; or b) company in respect of which any Insured holds

(beneficially or otherwise) more than 10% of the voting shares or rights and/or has an executive role; or

c) trust in respect of which any Insured is a trustee and/or beneficiary and/or has a direct or indirect financial interest; or

d) any other person, firm or incorporated body having control of more than 10% of the voting shares or rights or an executive role in the operation of the Insured.

6.5 Refund of Professional Fees and Trading

Debts

a) for (or calculated by reference to) the refund or waiver of any obligation to pay any fees, charges or disbursement (by way of damages or otherwise); or

b) arising from a liability to pay trading debts, the repayment of any loan and/or any other financial obligation incurred which does not arise from the provision of Professional Services.

6.6 Profits

for any component of profit derived or derivable by an Insured.

6.7 Insolvency

based upon, directly or indirectly arising from or attributable to an Insured’s insolvency, bankruptcy or liquidation.

6.8 Employers’ Liability, Directors’ & Officers’

Liability, Occupier’s Liability, Motor, Marine

a) based upon, directly or indirectly arising from or attributable to the Insured’s liability as an employer; or

b) arising from or which involves bodily injury (including mental anguish or emotional distress), sickness, disease or death of any employee, contractor or worker who is under the direction, control and/or supervision of the Insured or for whose workplace safety the Insured is responsible;

6

c) arising out of or in respect of actual or alleged unlawful discrimination (or other unlawful act, error or omission) by any Insured against any employee or employment applicant; or

d) if an Insured is either an incorporated body or a director or officer of an incorporated body, arising from any act, error or omission of a director or officer of that incorporated body while acting in that capacity; or

e) arising from occupation (or alleged occupation) of land or buildings by an Insured; or

f) arising from or in respect of an Insured’s liability as an owner or operator of any aircraft, marine craft or motor vehicles of any kind.

6.9 Punitive and exemplary damages, fines and

penalties

for: a) punitive, aggravated or exemplary damages; or b) fines or penalties; or c) criminal liabilities, including, in respect to a) to c) above, but not limited to Claims Investigation Costs.

6.10 Intentional Damage

arising from: a) acts, errors or omissions by the Insured with the

intention of causing a third party loss, damage or injury, or with reckless disregard for the potential consequences of any acts, errors or omissions; or

b) any wilful breach of any statute, contract or duty by an Insured.

6.11 Deregistration

in so far as an Insured is required by law to maintain a registration or any form or certification to lawfully practice or provide the Professional Services, Claims or Covered Claims arising from acts, errors or omissions by or on behalf of the Insured which occurred at a time when such registration was not held, was cancelled or suspended or was otherwise not current and valid.

6.12 Asbestos

which would not have arisen but for the existence of asbestos. Notwithstanding the above, this Exclusion shall not apply to such Claims or Covered Claims arising from the provision of the Professional Services.

6.13 Nuclear or Radioactivity materials

arising from: a) ionising radiations or contamination by radioactivity

from any nuclear material; or b) the hazardous properties of any nuclear explosive,

assembly or component.

6.14 War & Uprisings

based upon, directly or indirectly arising from or attributable to: a) war, invasion, acts of foreign enemies, hostilities

(even if war is not declared), civil war; or b) insurrection, rebellion, revolution, military or usurped

power.

6.15 Terrorism

based upon, directly or indirectly arising from or attributable to:

a) any act of Terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss, damage, illness, injury, death, cost or expense; or

b) any action in controlling, preventing, suppressing, retaliating against, or responding to any act of Terrorism.

6.16 UN Sanctions

to the extent that the provision of Cover or benefit under this Policy would contravene any sanction, prohibition or restriction under any United Nations resolutions or the trade or economic sanctions, law or regulations of the European Union, United Kingdom or Unites States of America.

6.17 Fraud and Dishonesty

based upon, directly or indirectly arising from or attributable to the dishonest, fraudulent, criminal or malicious acts or omissions of the Insured.

Section 7 General terms and conditions Investigation, defence and settlement of Claims

7.1 We must be told about Claims

The Insured must tell Us in writing about a Claim as soon as possible during the Period of Insurance. If this is not done the Insured’s right to Cover under this Policy may be affected.

7.2 Claims co-operation

Each Insured must: a) diligently do, and allow to be done, everything

reasonably practicable to avoid or lessen the Insured’s liability in relation to a Claim or Covered Claim, Covered by this Policy;

7

b) immediately give Us all the help and information that We reasonably require to: i. investigate and defend a Claim or Covered

Claim; and ii. determine Our liability under this Policy.

7.3 We can protect Our position

When We receive a notification under this Policy of any matter, We can take whatever action We consider appropriate to protect Our position.

This does not, however: a) indicate that any Insured is entitled to be Covered

under this Policy; or b) prejudice Our rights under the Policy or at law.

7.4 Disclosure of information to Us in respect of

cover

The Insured shall share confidential and privileged information with Us and with Our legal advisers who We appoint about any matter notified to Us under the Policy. We have a common interest with the Insured and with appointed legal advisers in the investigation, defence and settlement of any matter notified to Us under the Policy (Common Interest). All confidential information provided to Us (including information which is subject to legal professional privilege), and/or to the legal advisers We appoint, by or on behalf of the Insured, which the Insured hereby irrevocably consents to appointed legal advisers providing to Us, is so provided on the basis that: a) subject to c) below, the information is provided to

Us for that Common Interest purpose, is to be kept confidential and will not be further disclosed without the written consent of the Insured; and

b) in respect of confidential information which is subject to legal professional privilege, the Insured does not waive legal professional privilege; and

c) the information may be disclosed by Us to Our legal advisers and reinsurers on the basis that the above conditions apply to those persons’ use of such information.

7.5 We can manage the Covered Claim

We: a) can conduct and defend or settle in the Insured’s name

any Covered Claim; or b) subject to Section 5.6 of the Policy, have the duty

where and the Insured so requests, to manage any matter (including the investigating, defence or settlement) in respect of which We have confirmed Cover under the Policy; and

c) can take any action, in the Insured’s name, to pursue any right any Insured may have in connection with any Covered Claim.

7.6 An Insured must not admit liability for or settle any Covered Claim

An Insured must not: a) admit liability for, or settle any Covered Claim; or b) incur any costs or expenses for a Covered Claim; without first obtaining Our consent in writing (which shall not be unreasonably delayed or withheld). If Our prior consent is not obtained, the Insured’s right to Cover under this Policy may be affected.

7.7 Insured’s right to contest

If an Insured does not to consent to a settlement that We recommend and wants to contest or continue the dispute or legal proceedings, then We only Cover (subject to the Policy Limit or Specific Cover Limit as applicable) for: a) the amount We could have settled the matter for; less b) the applicable Excess; plus c) the Claim Investigation Costs calculated to the date

the Insured elected not to consent to the settlement. 7.8 Senior Counsel

a) Unless a Senior Counsel, that We and the Insured

both agree to instruct, advises that the Claim or Covered Claim (which We have agreed to Cover) should be contested, neither We nor the Insured can require the other to contest any legal proceedings about a Claim if the other does not agree to do so.

b) In formulating his or her advice, Senior Counsel must be instructed to consider the: i. economics of the matter, having regard to but not

limited to, the: 1. damages and costs likely to be recovered;

and 2. likely costs of defence; and

ii. Insured’s prospects of successfully defending the Claim or Covered Claim.

c) The cost of Senior Counsel’s opinion will form part of the Claim Investigation Costs.

d) If Senior Counsel advises that the matter should be settled and if the terms of settlement which We recommend are within limits which are reasonable (in Senior Counsel’s opinion and in the light of the matters he/she is required to consider), then the Insured: i. cannot (subject to Section 7.7, Insured’s right to

contest) object to the settlement; and ii. must immediately pay any applicable Excess.

7.9 Payments to settle potential Claims

Any money We pay to settle, and/or investigate anything which might give rise to a Claim or Covered Claim, is taken to be a payment: a) to settle a Claim, and in addition, b) for the purpose of calculating the total of all Claims or

Coved Claims under this Policy.

8

7.10 Recovering money from employees

We must not recover any amount paid out in respect of a Claim or Covered Claim under this Policy from any employee unless the Claim or Covered Claim arose from dishonest, fraudulent, criminal or malicious acts or omissions of the employee.

7.11 Offsetting of costs & expenses

If We incur costs or expenses above Our liability under the Policy for Claim Investigation Costs, then the Insured must pay whatever amount is above that liability immediately We ask for it.

We can offset that payment due from the Insured against (and deduct that amount from) any amount We are required to pay to or on behalf of the Insured under this Policy.

7.12 Loss Prevention

The Insured shall, as a condition to Cover under this Policy, take all reasonable steps to prevent any act, error, omission or circumstance which may cause or contribute to any Covered Claim.

7.13 Other insurance which may cover the risk

The Insured must immediately advise Us in writing of any insurance already effected or which may subsequently be effected covering, in total or in part and whether absolutely or contingently, the risk, or any part of it, Covered by this Policy.

7.14 Allocation

a) To the extent that a Claim comprises Covered Matters and Uncovered Matters, We will use best endeavours to agree a fair allocation between Covered Matters and Uncovered Matters having regard to the relative legal and financial exposure attributable to the Covered Matters and Uncovered Matters.

b) This allocation will apply to Claim Investigation Costs.

c) Any dispute between Us and the Insured on the allocation will be resolved by a Senior Counsel that We and the Insured both agree to instruct or in the absence of agreement, as appointed by the President of the Bar Association in the state or territory of the first address of the Insured shown on the Schedule or if no address is shown there, as shown on the Proposal.

d) Any allocation between Covered Matters and Uncovered Matters as determined by Senior Counsel will apply retrospectively to the Claim Investigation Costs paid by Us or the Insured notwithstanding any prior payment on a different basis, unless otherwise agreed.

e) The cost of Senior Counsel’s opinion will form part of the Claim Investigation Costs.

7.15 Payment in Australian dollars in Australia

All premiums and Claims must be paid in Australian dollars in Australia.

Other matters 7.16 Material change in the risk

The Insured must immediately advise Us in writing if any of the following occurs during the Period of Insurance: a) an Insured’s Practicing Certificate, is cancelled,

suspended or terminated or has had conditions imposed during the Period of Insurance.

b) an Insured being insolvent, bankrupt or in liquidation.

7.17 Law of the policy

This Policy is governed by the law of the Territory or State where the Policy was issued, which is stated in the Schedule. The courts of that place have exclusive jurisdiction in any dispute about or under this Policy.

7.18 Territory covered by this policy

Cover under this Policy is not restricted by where anything giving rise to the Claim occurred.

7.19 Schedule must be included

This Policy is only legally enforceable if it includes a Schedule signed by one of Our officers.

Cancelling the Policy 7.20 We can cancel the policy

a) We will not cancel this Policy for any reason other

than non-payment of the Premium. b) We may deliver this notice to the Insured personally,

or post it by certified mail (to the Insured’s broker or to the address the Insured last gave Us). Proof that We mailed the notice is sufficient proof that the Insured received the notice.

7.21 Non-disclosure and mis-representation

a) We will not avoid the Policy for fraudulent non-

disclosure or misrepresentation to Us prior to the inception of this Policy.

b) We will not reduce the amount We pay on behalf of the Insured in respect of a Claim or Claims Investigation Costs (otherwise Covered by this Policy) by reason of non-disclosure or misrepresentation by the Insured to Us prior to the inception of this Policy.

c) If the Insured has fraudulently failed to disclose and/or fraudulently misrepresented matters, We are entitled to seek reimbursement from the Insured of any amounts We may pay or incur in relation to this Policy. If any non-disclosure or misrepresentation was not fraudulent then We are entitled to seek reimbursement from the Insured of an amount so as to place Us in the same position as We would have been in had the non-disclosure not occurred or the misrepresentation not been made.

9

Section 8 Words with special meanings 8.1 Civil Liability

Compensation, damages, costs and expenses in respect of a Claim which includes: a) the legal costs of the person making the Claim, for

which an Insured becomes liable; and b) settlement amounts and/or arbitration awards

agreed to with Our prior written consent and pursuant to Section 7 of the Policy.

8.2 Claim

The receipt by the Insured of any: a) originating process (in a legal proceeding or

arbitration), cross claim or counter claim or third party or similar notice claiming compensation against and served on an Insured; or

b) written demand from a third party claiming compensation against the Insured.

8.3 Claim Investigation Costs

The reasonable and necessary legal costs and expenses (including any expert costs where the choice of expert has been approved by Us) of investigating, defending or settling any: a) Claim or Covered Claim; or b) originating process (in a legal proceeding or

arbitration), cross claim or counter claim or third party or similar notice or written demand from a third party claiming declaratory and/or other equitable relief against an Insured arising from the provision of the Professional Services.

8.4 Cover

Provide indemnity for, and indemnity does not include any component of profit.

8.5 Covered Claim

The: a) Claims, liabilities, losses, costs, and other matters

Covered under this Policy; b) circumstances which may give rise to any of the

matters set out in a) above, in respect of which We elect to protect the Insured’s or Our position pursuant to Section 7.3 of the Policy.

8.6 Covered matters

That part of a Claim, or Covered Claim made against or sought from the Insured for which We provide Cover.

8.7 Disciplinary Enquiry Any legal or quasi legal enquiry, by a body (including a regulatory, licensing or statutory body) which has jurisdiction over the Insured, which enquires whether the Insured has breached any relevant professional code of conduct or standard.

8.8 Documents Documents of any nature including the electronically stored data, software or computer programs for or in respect of any computer system; but not including bearer bonds, coupons, bank notes, currency notes or negotiable instruments. Loss or damage to Documents does not include loss or damage (including rearrangement) to such electronically stored data, software or computer programs arising from any computer virus or from any design or programming defect in any computer program or computer operating system.

8.9 Excess The sum shown in the Schedule or in Sections 4 or 5 of the Policy (as applicable), which the Covered Claim must exceed before We will be liable under this Policy in respect of each Covered Claim. It is described in more detail in Section 5.6, the Excess.

8.10 Insured The barrister identified in the Schedule as the Insured.

8.11 Intellectual Property Copyright, design, patent, trade mark or moral right, including false attribution of authorship or any other intellectual property rights which exist in Australia or New Zealand whether created by statute or at common law.

8.12 Known Circumstance Any fact, situation or circumstance which: a) an Insured was aware of before the

commencement of the Period of Insurance or any relevant amendment or endorsement of the Policy; or

b) a reasonable person in the Insured’s professional position would have thought, at any time before the commencement of the Period of insurance or any relevant amendment or endorsement of the Policy,

might result in someone making an allegation against an Insured in respect of a liability, loss or cost that might be Covered by this Policy or any relevant amendment / endorsement to this Policy.

8.13 Period of Insurance The ‘Period of Insurance’ stated in the Schedule.

8.14 Policy The insurance Policy made up of: a) all terms, conditions and exclusions contained

herein; b) the Schedule; c) the endorsements, if any, contained in the

Schedule.

10 CGU Barristers PI (06-19)

8.15 Policy Limit The limit stated in the Schedule as the ‘Total Sum Insured’. See also Section 5 of this Policy.

8.16 Premium ‘Total Payable Premium’ as stated in the Schedule.

8.17 Professional Services

The provision by or on behalf of the Insured of professional services as a barrister.

8.18 Proposal The written or electronic proposal form (the date of which is stated in the Schedule) together with any supplementary material completed by or on behalf of the Insured, that was given to Us, and relied on by Us to effect this Policy.

8.19 Retired Insured

The person specified in the Schedule who has ceased to practice as a barrister only or as a legal practitioner and hold a practising certificate during or upon expiry of the Period of Insurance.

8.20 Schedule The schedule attached to this Policy or any schedule subsequently agreed between the Insured and Us, substituted during the Period of Insurance and duly signed by one of Our officers.

8.21 Specific Cover Limits

The limit of Cover for each of the matters specified in listed in the Schedule under ‘Specific Cover Limits’ or in Sections 4 of this Policy which are included within, and are not in addition to the Policy Limit.

8.22 Terrorism

Terrorism includes any act, or preparation in respect of action, or threat of action designed to influence the government de jure or de facto of any nation or any political division thereof, or in pursuit of political, religious, ideological, or similar purposes to intimidate the public or a section of the public of any nation by any person or group(s) of persons whether acting alone or on behalf of or in connection with any organisation(s) or government(s) de jure or de facto, and which: a) involves violence against one or more persons; or b) involves damage to property; or c) endangers life other than that of the person

committing the action; or d) creates a risk to health or safety of the public or a

section of the public; or e) is designed to interfere with or to disrupt an

electronic system. 8.23 Uncovered matters

That part of a Claim or Covered Claim made against or sought from the Insured for which We do not provide Cover.

8.24 We or Us or Our Insurance Australia Limited ABN 11 000 016 722 trading as CGU Insurance.

11 CGU Barristers PI (06-19)

CONTACT DETAILS Enquiries 13 24 81 Claims 13 24 80

Mailing address GPO Box 9902 in your capital city

Sydney 201 Sussex Street Sydney NSW 2000

Melbourne 181 William Street Melbourne VIC 3000

Brisbane 189 Grey Street South Bank QLD 4101

Perth 46 Colin Street West Perth WA 6005

Adelaide 80 Flinders Street Adelaide SA 5000

CGU.COM.AU

Insurer Insurance Australia Limited ABN 11 000 016 722 AFSL 227681 trading as CGU Insurance